OPINION ON MOTION FOR REHEARING
RODRIGUEZ, Justice.
A jury found appellant guilty of murder and assessed his punishment at forty years confinement and a $10,000.00 fine. On February 29, 1996, a panel of this court reversed appellant's conviction. On March 18, 1996, the State asked that the court withdraw the panel's opinion and consider this case en banc. On April 4, 1996, this Court granted the State's motion, and on June 5, 1996, this case was argued...
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